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The September 2012 issue of E-Verify Connection could be our best issue yet. Issue 10 premieres the Employee Rights Tool Kit and provides a teaser of the Spanish I-9 Central Website, scheduled to launch later this month. Read this latest issue of E-Verify Connection to learn about several E-Verify enhancements that save you time, tips on how to prevent an E-Verify tentative nonconfirmation, and much more. Read Issue 10 of E-Verify Connection today!

We want to hear from you! E-Verify is now collecting comments on the updated Memorandum of Understanding (MOU)

E-Verify has made changes to the MOU to clarify and update user responsibilities.  If you are interested in providing feedback, visit the Federal Register where you can view a draft of the proposed MOU.  Select the E-Verify access method that applies to you, read the MOU, then follow the instructions to submit comments.  We would like to hear your suggestions on how improve the MOU.

If you provide feedback, indicate your user role in E-Verify, for example, an E-Verify Employer Agent or a Web Services Employer.  Also, if you have a suggestion about the wording or language used, please give us the specific sentence, Article (e.g. II), section (e.g. A), and paragraph number (e.g. 3).  For example:

“Dear E-Verify, I am using the Employer access method.  When I read the Employer MOU I noticed in Article II.A.3 that I must shut off an employee’s E-Verify access when they leave my company.”

All comments will be considered and could be used to revise the MOU.  E-Verify will summarize the comments received and respond to them when a request for approval of the new MOUs is submitted to the Office of Management and Budget.    

USCIS Announces Extension of EAD Expiration Date for Haiti TPS Beneficiaries

How do I determine if my employee’s expiring EAD has been automatically extended?

To determine if your employee’s expiring EAD has been automatically extended, you should:

1. Look at the “Category” section on the expiring (or expired) EAD. If either A12 or C19 is shown, the employee is a TPS beneficiary.
2. Look at the expiration date on the EAD. If the expiration date on the EAD is January 22, 2013, then the employee is a TPS beneficiary from Haiti and his or her EAD has been automatically extended. If a different category or expiration date is listed, then the employee is not a TPS beneficiary from Haiti, and the usual reverification rules apply.

If you determine that the employee’s EAD has been automatically extended, the employee remains authorized to work and is not required to present a new document for reverification until the extension expiration date of July 22, 2013.

How does my new employee complete Form I-9 (i.e., Employment Eligibility Verification) using an automatically extended EAD?

When a new employee presents an EAD that has been automatically extended when completing Form I-9 , the employee should complete Section 1 by:

1. Checking “An alien authorized to work;”
2. Writing his or her alien number (A-number) or USCIS number in the first space (the EAD or other document from DHS will have the employee’s A-number or USCIS number printed on it); and
3. Writing the automatic extension date of July 22, 2013, in the second space.

How do I, as an employer, complete Form I-9 (i.e., Employment Eligibility Verification) using an automatically extended EAD for a new hire?

When a new employee presents an EAD that has been automatically extended when completing Form I-9, the employer should complete Section 2 by:

1. Entering the document title, “Employment Authorization Document;”
2. Entering the name of the issuing authority, “DHS;”
3. Entering the document number (the A number or USCIS number); and
4. Entering the automatically extended EAD expiration date of July 22, 2013.

After July 22, 2013, employers must reverify the employee’s employment authorization in Section 3 of Form I-9.

How do I correct my existing employee’s Form I-9 to show his EAD has been automatically extended?

If your existing employee’s EAD has been automatically extended to July 22, 2013, you and your employee will need to correct his or her previously completed Form I-9.

The employee should correct Section 1 by:

1. Drawing a line through the expiration date in the second space;
2. Writing July 22, 2013, above the previous date;
3. Writing “EAD Ext.” in the margin of Section 1; and
4. Initialing and dating the correction in the margin of Section 1.

For Section 2, if the employee previously presented an EAD with a January 22, 2013, expiration date that was recorded on Form I-9, you should:

1. Draw a line through the EAD expiration date written in Section 2;
2. Write July 22, 2013, above the previous date;
3. Write “EAD Ext.” in the margin of Section 2; and
4. Initial and date the correction in the margin of Section 2.

 After July 22, 2013, when the automatic extension of EADs expires, employers must reverify the employee’s employment authorization in Section 3.

As an employer enrolled in E-Verify, how do I create an E-Verify case for a new employee who has presented an automatically extended EAD?

If you hire a new employee who presents an automatically extended EAD when completing Form I-9, when you create the E-Verify case, enter the extended date as the expiration date, which is July 22, 2013.

As an employer enrolled in E-Verify, what do I do when I receive a “Work Authorization Documents Expiring” alert for an employee with an automatically extended EAD?

You will receive a “Work Authorization Documents Expiring” case alert in E-Verify when an employee’s EAD is about to expire. Usually, this message is an alert to complete Section 3 of Form I-9 to reverify an employee’s employment authorization. For existing employees with EADs that have been automatically extended, employers should dismiss the E-Verify case alert by clicking the red “X” in the “dismiss alert” column and follow the instructions above explaining how to correct Form I-9. After July 22, 2013, you must reverify the employee’s employment authorization in Section 3 of Form I-9. You should never use the E-Verify system to reverify an employee, but should only reverify employees on Form I-9. 

For more general information about TPS and Form I-9, consult the Handbook for Employers:  Instructions for Completing Form I-9 (M-274). 

ICE Extends Employment Authorization for Certain F-1 Students from Haiti

ICE published a notice in the Federal Register extending the effective date of an earlier notice that suspended certain requirements governing employment eligibility of F-1 students from Haiti who are experiencing severe economic hardship as a result of the January 12, 2010 earthquake in Haiti. Eligible F-1 students may obtain employment authorization, work an increased number of hours during the school term and, if necessary, reduce their course load, while continuing to maintain their F-1 student status. For more information, visit ICE’s Student and Exchange Visitor Program website at www.ice.gov/sevis

New Employee Rights Toolkit for workers

To increase awareness about employee rights in the employment eligibility process, U.S. Citizenship and Immigration Services (USCIS) has released a helpful new online resource - the Employee Rights Toolkit for workers and worker advocates.  This toolkit compiles a variety of educational materials such as employee rights videos, informative fliers, brochures, and posters. It also contains information about USCIS Multilingual Engagements and guidance on avoiding immigration scams, or the Unauthorized Practice of Immigration Law.  Most of the materials are available in English and Spanish.  View the entire toolkit online and download it today!  Please share the information on the toolkit with your community. Add the toolkit link to your website.  You can also order a free Employee Rights Toolkit on DVD/CD.

New E-Verify Enhancements

On Sept. 16, 2012, E-Verify will provide several enhancements to improve your experience with the program. 

• E-Verify will now support Internet Explorer (version 6.0 and above) as well as 3 new browser types: . 

  • Firefox (version 3.0 and above)

  • Chrome (version 7.0 and above)

  • Safari (version 4.0 and above)

• A new Quick Audit Report will allow companies to report their E-Verify activity to federal, state or local government entities when required. This Excel report displays case data but does not include sensitive employee information such as Social Security numbers, or document numbers.

• New fields will help to reduce instances of tentative nonconfirmations for employees who provide a foreign passport. If an employee provides a foreign passport, you should:

  • Record the country of issuance and foreign passport number on  Form I-9 and

  • Enter the information when creating an E-Verify case.  

New Features for Corporate Administrators

• A new Web-based tutorial replaces the live webinar training required of new Corporate Administrators. The tutorial also serves as a resource for existing Corporate Administrators. To access the E-Verify Tutorial for Corporate Administrators, select the ‘Take Tutorial’ link under My Resources in the left-hand navigation menu.

• A new E-Verify User Manual for Corporate Administrators is now available from the ‘View User Manual’ link under My Resources in the left-hand navigation menu.

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